Second Group of Parents Enters School Funding Lawsuit (KS)

December 28, 2010

The federal lawsuit filed by some Shawnee Mission School District parents against a state education funding cap just got more complicated.

Another group of parents is asking to intervene in that case, contending the real problem is inadequate funding from the Kansas Legislature for all students.

The motion to intervene was filed on behalf of several plaintiffs who are already suing the state, in state court, in Shawnee County.

The Shawnee Mission parents turned to federal court because they are upset with their local school district’s plan to close schools. The parents argue that district patrons should be allowed to tax themselves more, if they wish, in order to keep those schools open.

But state law puts a cap on the Local Option Budget, which says how much local districts can raise over and above the basic s tate funding formula. The Shawnee Mission plaintiffs contend that cap is unconstitutional.

The other group of parents are from school districts across the state, including Kansas City, Kan., Hutchinson, Dodge City and Wichita. They contend that what the Shawnee Mission parents are asking for is unconstitutional. They argue that if relatively wealthy school districts, like Shawnee Mission, can spend all they want it would lead to an “every district for itself” system that would be unfair to the rest of the state.

Instead, the other parents want the state to fully fund the basic state formula.

If the federal court allows the other parents to intervene, the federal and the state lawsuits would proceed simultaneously.